Neutral Citation No. - 2025:AHC:75190 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 8976 of 2025 Applicant :- Devas Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dileep Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Dileep Singh Yadav, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State are present. The present application under Section 528 of B.N.S.S. has been filed to quash the entire proceedings of Criminal Case No. 2529 of 2022, (State vs. Subhash and others), arising out of Case Crime No. 184 of 2021, under Sections 308, 323, 325, 504, 506, 34 of I.P.C., P.S. Derapur, District Kanpur Dehat, as well as order dated 27.2.2025, whereby non bailable warrant has been issued against the applicant. Learned counsel for the applicant submits that applicant and other co-accused persons were granted anticipatory bail in the present case vide order dated 10.10.2022, however duration is not mentioned for anticipatory bail. The said anticipatory bail has been granted after the passing of judgment of Apex Court in the case of Sushila Aggarwal and others Vs. State (NCT of Delhi) and another [SLP (Crl.) 7281-82/2017, decided on 29.01.2020]. It is further submitted that the anticipatory bail application seems to be allowed of the applicant till the conclusion of trial. It is further submitted that the impugned order has been passed without satisfying itself that the summon and other process for attendance has been served. It is further submitted that the impugned order has been passed without considering the position of law. It is settled position of law that N.B.W. should be issued as a last resort after the litigant fails to respond the notices/summons and bailable warrant. It is further submitted that non-bailable warrant has been issued without issuing any summon and bailable warrant. Learned A.G.A. as well as learned counsel for the opposite party No. 2 have opposed the application. Considering submissions of learned counsel and perusing record, the instant application u/s 528 of B.N.S.S. is finally disposed of with a direction that in case applicant appears before the court below within three weeks from today and applies for bail/recall of non bailable warrant, his application shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941. For a period of three weeks from today or till applicant appears before the court below, whichever is earlier, execution of non bailable warrant against the applicant shall be kept in abeyance. Order Date :- 8.5.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad